Allowed

Hathaode @ Ajmat Ali v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Allahabad HC24 Apr 2024BAIL/4475/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Hathaode @ Ajmat Ali under the UP Prevention of Cow Slaughter Act. The court noted the applicant was not initially named in the FIR and observed no flight risk or tampering threat, allowing release on bond with conditions regarding court appearances.

What did the court decide?

Released on bail by furnishing a personal bond with two reliable sureties in equal amounts to the satisfaction of the court concerned.

Hathaode @ Ajmat Ali vs State of U.P. Thru. Addl. Chief… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:39999

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Court No. - 21

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4475 of 2024

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Applicant :- Hathaode @ Ajmat Ali Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Garima Singh Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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Miss Garima Singh, learned counsel for the applicant, at the outset, states that a supplementary-affidavit was filed dated 01.05.2024, wherein in paragraph-2, it was stated that the applicant had the criminal history of one case and he has been enlarged on bail. It is stated that this fact is incorrect as the applicant does not have any criminal history nor he is named in the FIR No.39 of 2024. A copy of which has been provided to the Court for perusal, the same is taken on record. It is thus urged that the applicant has inadvertently stated the aforesaid fact and the said supplementary-affidavit may be not pressed.

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Having considered the aforesaid and from the perusal of the FIR, it is clear that the applicant is not named in FIR No.39 of 2024.

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By means of the instant bail application, the applicant seeks bail in respect of Case Crime No.38 of 2024, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, relating to Police Station Mallhipur District Shrawasti.

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The submission of the learned counsel for the applicant is that as per the allegations in the FIR it is urged that the police authorities received a tip that certain persons were involved in slaughtering the prohibited animals. It is further urged that there are in which darkness the police authorities

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raided the place and one of the co-accused, namely Chore @ Munsharrif was apprehended. The FIR has been lodged against total seven persons. The applicant was not present nor he was arrested from the site, it is only from the statement of the co-accused the name of the applicant was surfaced. It has most improbable that in which darkness in village outskirts the police with the help of torch could have identified all seven persons as named in the FIR and as such the incident appears to be concocted.

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It is further urged that the applicant is in jail since 27.03.2024 and the another co-accused, namely Ojhe @ Ahmad Raza has been enlarged on bail by means of order dated 01.05.2024 passed in Criminal Misc. Bail Application No.4733 of 2024 and another co-accused Niyamat Ali who has been enlarged on bail on 08.05.2024 in Criminal Misc Bail Application No.4522 of 2024.

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Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid facts.

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Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Hathaode @ Ajmat Ali involved in Case Crime No.38 of 2024, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, relating to Police Station Mallhipur District Shrawasti be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 25.5.2024 ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Hathaode @ Ajmat Ali v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

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Hathaode @ Ajmat Ali v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

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